Judge sets deadline for meningitis claims

Sep. 30, 2013

Written by

Walter F. Roche Jr.

The Tennessean

A federal judge in Massachusetts has set a Jan. 15, 2014, deadline for victims of the nationwide fungal meningitis outbreak to file claims in the bankruptcy case of the company blamed for the deaths of 64 patients, including 16 treated in Tennessee.

The order, signed late last week by U.S. Bankruptcy Judge Henry Boroff, includes detailed instructions on the information victims or their survivors must provide to have their claims against the New England Compounding Center considered.

The action comes at the one-year anniversary of the first public announcement of the outbreak by state and federal officials. It also marks a separate deadline for Tennessee and Kentucky victims to file lawsuits under state health-care and product liability statutes. Those laws carry a one-year statute of limitations.

Local attorneys representing victims said they were pleased that the order gives victims additional time.

“The last thing the victims need is to be barred from filing a claim because of a rushed bar date and inadequate notice program,” said Gerard Stranch, who represents several victims.

Mark Chalos, who also represents local victims, noted the January deadline only applies to claims against the compounding center itself, while claims against others, such as hospitals and clinics, would be subject to the one-year limit.

Meanwhile, yet another suit was filed in U.S. District Court in Nashville on behalf of a Franklin woman who became ill after getting an injection at the Saint Thomas Outpatient Neurosurgical Center.

According to the complaint, Michelle R. Minor was injected with fungus-tainted steroid on Aug. 14, 2012, and subsequently was diagnosed with a fungal infection.

Additional suits also were filed against a Crossville surgery center where patients were injected with steroids from the same Massachusetts company.

A review of the suits filed by local victims shows that many received shots on the same days at the outpatient neurosurgical center.

For instance, Joan Peay of Nashville and Fredia Berry of Clarksville, both of whom have filed suits, got injections on Sept. 7. Four others who have filed suit got shots that same day.

J.W. Ragland and Gokulbhai Patel both got injections on Aug. 27. Ragland, a Kentucky resident, died Oct. 16. Patel, from Goodlettsville, died Jan. 13. Four others who got shots on that date got sick and survived.

Eight got shots on Aug. 17, including Kentucky Judge Eddie Lovelace, who died Sept. 17. His widow has filed suit. Margaret Bryant of McMinnville got a shot on the same day and died Sept. 18. Her family also has filed suit.

Elizabeth Pruitt was injected on the day Bryant died, Sept. 18. Five others got shots that day. Pruitt, of Goodlettsville, died Sept. 26.